Types of appeals
The following appeals are possible:
- Appeals to the full An independent body that hears legal claims brought by parties and decides between them. Serious cases are heard by a judge and jury, or just a judge. Less-serious cases are heard by a magistrate. of the Family Court: section 94 provides a system of appeals from the exercise of original The authority of a court or tribunal to hear matters brought before it, based on some factor such as area or law, amount of money claimed, or geographic area. in either the Family Court or the state Supreme Court.
- Appeals to the High Court are only available by special leave of the High Court, or upon a certificate of the full court of the Family Court that an important question of law or of public interest is involved.
- Appeals from the state Magistrates’ Court: a person aggrieved by a (1) A command given by a public authority. For example, a health authority might decree that animals with a contagious disease be quarantined. (2) A court order. of a state Magistrates’ Court may, within the time that is prescribed, The review of the decision of a lower court by a higher court. If an appeal is successful, the higher court can change the lower court’s decision. to the Family Court or to the Supreme Court of the state or territory. Appeals from the state Magistrates’ Court to a Family Court are by way of a rehearing.
- An appeal to the Family Court on a point of law is possible as of right from a final decision of the Federal Circuit Court.
No appeal against a Divorce. See decree nisi; decree absolute. can be made after the decree has become absolute (s 93 FL A written law made by parliament. Also called an ‘Act of parliament’, ‘statute’ or legislation.).
- Appeals from a single judge of the Family Court to the full court of the Family Court: notices of appeal must be filed within one month of the decree appealed against.
- Appeals from the Magistrates’ Court: a notice of appeal must be filed within one month of the decree appealed against.